Questions and answers on the list of air
carriers subject to an operating ban in the EU (the "black
list")

1 How is the European Community blacklist updated?

All Member States and the European Aviation Safety Agency (EASA) have the
obligation to communicate to the Commission all information which may be
relevant to updating the list. This may include reports showing serious safety
deficiencies of an air carrier (such as reports of Safety Assessment of Foreign
Aircraft inspections performed at airports within the European Community),
operating bans imposed by third countries, audit reports drawn up by the
International Civil Aviation Organisation (ICAO) following safety inspections
(in the framework of the Universal safety Oversight Audit Programme) of the
civil aviation authorities of the 189 Contracting parties to the Chicago
Convention, as well as accident-related information or other serious
incident-related information.

For the purpose of updating the list, the Commission is assisted by the Air
Safety Committee composed by technical air safety experts from all the EU Member
States (plus Iceland, Norway and Switzerland which, however, have no voting
rights) and chaired by the Commission (the Commission does not have any voting
rights). Acting on a proposal by the Commission, the Air Safety Committee adopts
its opinion by qualified majority, which is then submitted to the European
Parliament before final adoption by the Commission and subsequent publication in
the Official Journal.

The decision to include or remove a carrier (or a group of carriers certified
in the same State) is taken on the basis of the common safety criteria annexed
to the "Basic Regulation" (Regulation 2111/2005/EC establishing a Community list
of banned carriers). These criteria take into consideration, for instance, the
existence of safety deficiencies on the part of an air carrier, or the lack of
ability (or willingness) by an air carrier or authorities responsible for its
oversight to address safety deficiencies, operating bans imposed by third
countries, audit reports drawn up by third countries or international
organisations (ICAO) and substantiated accident related information. All
criteria are based on international aviation safety standards.

2 To whom does it apply?

The rules establishing the Community list of banned carriers apply to all air
carriers irrespective of their nationality – EU and non-EU ones. The rules
apply only to commercial air transport, that is to air transport of passengers
and cargo for remuneration or hire. The rules do not apply to private and
non-commercial flights.

European air carriers are vetted against EU safety rules, which comply with
international rules but follow stricter procedures and sanctions. Non-EU air
carriers are vetted against internationally binding safety standards established
by the 1944 Chicago Convention and its annexes. The International Civil Aviation
Organisation (ICAO) was established by this Convention.

3 How often is the list updated and what is the timeframe for this? Is there
not a risk that it will quickly become obsolete?

In accordance with "the Basic Regulation", the Community "blacklist" may be
updated whenever the Commission deems that it is necessary, or upon request of
an EU Member State. In any case however, at least every three months, the
Commission verifies whether it is appropriate to update the list. Of course,
every decision to impose a ban must be the result of a careful assessment and
including a suitable right of defence for all carriers under investigation.
However, this can be done very quickly in urgent cases where an immediate threat
to air safety is detected.

4 How can an airline be cleared and taken off the list?

If an airline considers that it should be taken off the list because it
complies with the relevant safety standards, it can address a request to the
Commission or a Member State, either directly or through its civil aviation
authority. Only the Commission or a Member State may ask for the list to be
updated. The Air Safety Committee will then assess the evidence presented by the
airline and/or its oversight authority to substantiate its request for being
withdrawn from the EC "blacklist" and formulate its opinion to the Commission.

5 How is an airline added to the list?

The procedure is the same as that for updating the list. If the Commission or
a Member State acquires evidence indicating serious safety deficiencies on the
part of an airline or its oversight authority anywhere in the world, they ask
for the list to be revised immediately. Indeed, in such cases Member States have
the obligation to ask for the update of the "blacklist". A decision is then
taken in the light of the common safety criteria for banning established by the
"Basic Regulation".

Where the Commission is of the opinion that the continuation of operations
into the Community of an air carrier is likely to constitute a serious risk to
safety and that such risk has not been resolved satisfactorily at national level
(by measures taken by the civil aviation authority of a Member State) it can
take provisional measures, whereby the carrier is banned from entering the
European air space. These measures are then presented to the Air Safety
Committee for confirmation or modification.

6 What do the common safety criteria cover?

These objective and transparent criteria were drawn up during the adoption
process of the "Basic Regulation" on the basis of work undertaken by the Air
Safety Committee of experts, taking into account the long and rich experience of
Member States in this field. They focus mainly on the safety related information
available in the Member States and in the Commission and the European Aviation
Safety Agency. The criteria reflect measurable and verifiable documented
evidence of:

results of aircraft ramp checks carried out in European airports

the use of poorly maintained, antiquated or obsolete aircraft

the inability of the airlines involved to rectify the shortcomings
identified during the inspections (evidenced by a repetition of the same
deficiencies over a period of time) and the inability of the authority
responsible for overseeing the airline to perform this task and to ensure that
the international safety standards are at all times respected.

The
Commission takes a decision to impose a complete or partial ban on an airline
only after it has analysed these different factors on a case-by-case basis, and
after having given the airline in question the right to explain its position,
and after having held detailed consultations with the oversight authority of the
airline concerned and with the Air Safety Committee of experts.

7 Does the inclusion of an airline in the EC "blacklist" always mean that
it is no longer allowed to fly in Europe?

YES. As long as the air carrier is subject to a total ban, it cannot operate
with its aircraft and personnel in the EC. The airline is placed on Annex A to
the regulation whereby the "blacklist" is updated. Equally, as long as an air
carrier is subject to a partial ban it can operate only with the aircraft
stipulated in the Regulation and cannot expand its network. The airline is
placed on Annex B to the regulation whereby the "blacklist" is updated.

Nevertheless, banned airlines can still fly their aircraft into the Community
for maintenance (notably to resolve safety deficiencies in this area) without
carrying any passengers or payload – the so-called "ferry flights". Also,
banned airlines can use other airlines (their aircraft and personnel) on the
basis of contracts called "wet-lease agreements". In this way, passengers and
cargo can still be transported but only by airlines which fully comply with the
safety rules. Furthermore, aircraft which are used for government or state
purposes (e.g. transport of the heads of state and/or government), escape the
requirements of ICAO. Therefore, these aircraft are considered to be operating
"state flights" and can therefore fly into the EC even if they are banned from
operating commercial flights. Such flights need however a special authorisation
as foreseen by ICAO, from all the Member States that the plane flies over as
well as from the state of destination.

Finally, banned airlines cannot enter the airspace of any Member State and
fly over their territory while they are banned (totally or partially).

8 Does the list prevent EU Member States from taking individual safety
measures at a national level?

NO. The general principle is that whatever measure is considered at national
level must be also examined at Community level. When an air carrier is
considered unsafe and therefore banned in one Member State, there is an
obligation to examine this measure at EU level with a view to applying it
throughout the European Union. Nevertheless, even where a ban is not extended to
the EU, there is scope for Member States to continue to act at national level in
certain exceptional cases, particularly in emergencies or in response to a
safety issue specifically affecting them.

9 What are airlines’ “rights of defence”?

Airlines which have been banned, or which are being investigated in view of a
potential ban, have the right to express their points of view, submit any
documents which they consider appropriate for their defence, and make oral and
written presentations to the Air Safety Committee and the Commission. This means
that they can submit comments in writing, add new items to their file, and ask
to be heard by the Commission or to attend a hearing before the Aviation Safety
Committee, which then formulates its opinion based on these proceedings and the
materials submitted prior to or during the hearing. The rules foresee that
carriers and authorities are given a deadline within which they have to respond.

10 Is there not a risk of retaliation by affected countries?

The Commission's sole aim is to improve aviation safety, which is in
everyone’s interest, and in no way to affect a country’s economic or
social development. Countries affected can put in place technical assistance
measures to help airlines achieve a satisfactory level of aviation safety.
Moreover, the Commission is always ready to explore any possible way of
cooperating with countries which show a genuine intention of addressing their
shortcomings with regard to aviation safety.

11 How is the public informed about the EC "blacklist" of unsafe airlines?

The latest version of the list is made available to the public online at
http://ec.europa.eu/transport/air-ban/flywell_en.htm. The Commission also
liaises closely with European and international travel agent associations each
time that any changes are made to the list in order that they may be in the best
possible position to aid their clients – the passengers – in making
informed decisions when making their travel arrangements. Moreover, the
"blacklist" regulation also obliges national civil aviation authorities, EASA
and airports in the territory of the Member States to bring the EC "blacklist"
to the attention of passengers, both via their websites and, where relevant, in
their premises.

12 In what way does publishing the list help European citizens travelling
beyond EC territory?

Publishing the list provides useful information to people wishing to travel
outside the European Community - where the EC flight ban does not apply - in
order for them to avoid travelling with these airlines. The list also safeguards
the rights of consumers who have bought a trip at a travel agent which includes
a flight operated by an airline on the EC "blacklist".

The "blacklist" regulation also establishes passengers' right to know the
identity of every airline they fly with throughout their trip. To this effect,
the contracting carrier is required to inform passengers of the identity of the
operating air carrier or carriers when making a reservation, whatever the means
used to make the booking. The passenger must also be kept informed of any change
of operating carrier, either at check-in or, at the latest, when boarding. The
Regulation also gives passengers the right to reimbursement or re-routing if a
carrier with which a booking has been made is subsequently added to the
blacklist, resulting in cancellation of the flight concerned.